Prosecution Insights
Last updated: July 17, 2026
Application No. 18/756,103

NETWORK FUNCTION CREATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §102§103
Filed
Jun 27, 2024
Priority
Dec 31, 2021 — CN 202111676507.5 +1 more
Examiner
PEREZ, JULIO R
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
593 granted / 712 resolved
+23.3% vs TC avg
Moderate +9% lift
Without
With
+9.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
27 currently pending
Career history
742
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
79.7%
+39.7% vs TC avg
§102
11.7%
-28.3% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 712 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The Office Action is responsive to the communication filed on 03/24/2025. Claims 1-20 are pending in the application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 09/23/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings were received on 06/27/2024. These drawings are reviewed and accepted by the Examiner. Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-5 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Arrobo et al (US 20220201638). Regarding claim 1, Arrobo discloses a network communication method (See Abstract, “method for registration management for next generation(NG)”), wherein the method comprises: receiving, by a first entity, a first request message (see at least, Figure 3 and [0055] – “UE sends an message, which includes AN parameters, Registration Request …. ” ), wherein the first request message is used to request to create or select a user network corresponding to a terminal device (see at least, Figure 3, [0055] – Step 1: UE to NG-RAN: UE sends a message, which includes AN parameters, Registration Request; [0056] – “… NG-RAN may select an AMF. …”. Thus, thus, “user network” corresponding to terminal device (e.g., UE)), and the first request message comprises a user identifier of the terminal device ([055] - UE to NG-RAN: UE sends an message, which includes AN parameters, Registration Request (Registration type, SUCI or 5G-GUTI) or permanent equipment identifier (PEI)); and creating or selecting, by the first entity, a control plane function based on the user identifier ([0056] – “NG-RAN may select an AMF. If the NG-RAN cannot select an appropriate AMF, it forwards the Registration Request to an AMF that has been configured to perform AMF selection. …”), wherein the control plane function is used to create or select a user plane function corresponding to the control plane function ([0047] – “in FIG. 2, the ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” “It should be noted that the ICN-GW 202 and the UPF PSA (PDU Session Anchor) could be in the same entity. That is, an ICN-UPF entity could be instantiated, where the functionality of the ICN-GW 202 could be part of the UPF (PSA).” See [0047 ). In first embodiments, Arrobo does not expressly disclose the user plane function is used to support a subscription service corresponding to the user identifier. However, in different embodiments, Arrobo discloses user plane function is used to support a subscription service corresponding to the user identifier (see at least [0047] – “ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” Further, [0169] – “and a PDU session or “session” may refer to a PDU connectivity service that provides or enables the exchange of PDUs between a UE 901 and a data network (DN) 903 identified by a Data Network Name (DNN).” Thus, [0169] “The SMF 924 may check whether the UE 901 requests are compliant with user subscription information associated with the UE 901. … ” ). Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the first embodiments of Arrobo with the teachings of different embodiments in order to process, inspect, and route user data information (services) between the network and the user in securely and efficient manner. Regarding claim 2, Arrobo discloses the method according to claim 1, wherein the first request message further comprises first information of the user network (see at least, Figure 3 and [0055] – “UE sends an message, which includes AN parameters, Registration Request …. ”), and the first information of the user network comprises an identifier of the user network or a type of the user network ([055] - UE to NG-RAN: UE sends an message, which includes AN parameters, Registration Request (Registration type, SUCI or 5G-GUTI) or permanent equipment identifier (PEI)). Regarding claim 3, Arrobo discloses the method according to claim 1, wherein the method further comprises: receiving, by the first entity, a second request message from the control plane function, wherein the second request message is used to request to create or select the user plane function (), and the second request message carries first network attribute information or second information of the user network ([0047] – “in FIG. 2, the ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” “It should be noted that the ICN-GW 202 and the UPF PSA (PDU Session Anchor) could be in the same entity. That is, an ICN-UPF entity could be instantiated, where the functionality of the ICN-GW 202 could be part of the UPF (PSA).” See [0047 ]), and the second information of the user network comprises [[the]]an identifier of the user network or [[the]]a type of the user network; creating or selecting ([0161] FIG. 9 illustrates an architecture of a system 900 including a second CN 920 in accordance with various embodiments. The system 900 is shown to include a UE 901, which may be the same or similar to the UEs 701 and UE 801 discussed previously; a (R)AN 910, which may be the same or similar to the RAN 710 and RAN 810 discussed previously, …), by the first entity, the user plane function based on the first network attribute information or the second information of the user network Figure 3 and [0055] – “UE sends an message, which includes AN parameters, Registration Request …. ”; and sending, by the first entity, information about the user plane function to the control plane function ([0056] – “NG-RAN may select an AMF. If the NG-RAN cannot select an appropriate AMF, it forwards the Registration Request to an AMF that has been configured to perform AMF selection. …”), wherein the control plane function is used to create or select a user plane function corresponding to the control plane function ([0047] – “in FIG. 2, the ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” “It should be noted that the ICN-GW 202 and the UPF PSA (PDU Session Anchor) could be in the same entity. That is, an ICN-UPF entity could be instantiated, where the functionality of the ICN-GW 202 could be part of the UPF (PSA).”). Regarding claim 4, Arrobo discloses the method according to claim 3, wherein the creating or selecting, by the first entity, the user plane function based on the second information of the user network comprises: determining, by the first entity, second network attribute information based on the second information of the user network ([0161] FIG. 9 illustrates an architecture of a system 900 including a second CN 920 in accordance with various embodiments. The system 900 is shown to include a UE 901, which may be the same or similar to the UEs 701 and UE 801 discussed previously; a (R)AN 910, which may be the same or similar to the RAN 710 and RAN 810 discussed previously, …); and creating or selecting, by the first entity, the user plane function based on the second network attribute information ([0047] – “in FIG. 2, the ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” “It should be noted that the ICN-GW 202 and the UPF PSA (PDU Session Anchor) could be in the same entity. That is, an ICN-UPF entity could be instantiated, where the functionality of the ICN-GW 202 could be part of the UPF (PSA).”). Regarding claim 5, Arrobo discloses the method according to claim 1, wherein the method further comprises: receiving, by the first entity, processed user subscription information based on the user identifier ([0047] – “ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” Further, [0169] – “and a PDU session or “session” may refer to a PDU connectivity service that provides or enables the exchange of PDUs between a UE 901 and a data network (DN) 903 identified by a Data Network Name (DNN).” Thus, [0169] “The SMF 924 may check whether the UE 901 requests are compliant with user subscription information associated with the UE 901. … ” ); and sending, by the first entity, the processed user subscription information to the control plane function, wherein the processed user subscription information is used to create or select the user plane function ([0056] – “NG-RAN may select an AMF. If the NG-RAN cannot select an appropriate AMF, it forwards the Registration Request to an AMF that has been configured to perform AMF selection. …”), wherein the control plane function is used to create or select a user plane function corresponding to the control plane function ([0047] – “in FIG. 2, the ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” “It should be noted that the ICN-GW 202 and the UPF PSA (PDU Session Anchor) could be in the same entity. That is, an ICN-UPF entity could be instantiated, where the functionality of the ICN-GW 202 could be part of the UPF (PSA).” See [0047] ). Claim 11 contains subject matter similar to claim 1, and thus, is rejected under similar rationale. (Arrobo, Figure 2, ICN 204)). Claim 12 contains subject matter similar to claim 2, and thus, is rejected under similar rationale. Claim 13 contains subject matter similar to claim 3, and thus, is rejected under similar rationale. Claim 14 contains subject matter similar to claim 4, and thus, is rejected under similar rationale. Claim 15 contains subject matter similar to claim 5, and thus, is rejected under similar rationale. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 6-10 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arrobo (US 20220201638). Regarding claim 6, Arrobo discloses a network communication method obtaining, by a control plane function, a user identifier ([0055] Step 1: UE to NG-RAN: UE sends an message, which includes AN parameters, Registration Request (Registration type, SUCI or 5G-GUTI or permanent equipment identifier (PEI)); [0057] – “ which includes N2 parameters, Registration Request, UE Policy Container and UE's ICN context info, … is sent to AMF.” ; and creating or selecting, by the control plane function, a user plane function corresponding to the control plane function ([0056] – “NG-RAN may select an AMF. If the NG-RAN cannot select an appropriate AMF, it forwards the Registration Request to an AMF that has been configured to perform AMF selection. …”]), wherein the user plane function is used to support a subscription service corresponding to the user identifier ([0047] – “ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” Further, [0169] – “and a PDU session or “session” may refer to a PDU connectivity service that provides or enables the exchange of PDUs between a UE 901 and a data network (DN) 903 identified by a Data Network Name (DNN).” Thus, [0169] “The SMF 924 may check whether the UE 901 requests are compliant with user subscription information associated with the UE 901. … ” ). Regarding claim 7, Arrobo discloses the method according to claim 6, wherein the creating or selecting, by the control plane function, a user plane function corresponding to the control plane function comprises: obtaining, by the control plane function, user subscription information corresponding to the user identifier (see at least [0047] – “ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” Further, [0169] – “and a PDU session or “session” may refer to a PDU connectivity service that provides or enables the exchange of PDUs between a UE 901 and a data network (DN) 903 identified by a Data Network Name (DNN).” Thus, [0169] “The SMF 924 may check whether the UE 901 requests are compliant with user subscription information associated with the UE 901. … ” ).; and creating or selecting, by the control plane function based on the user subscription information, the user plane function corresponding to the control plane function ([0056] – “NG-RAN may select an AMF. If the NG-RAN cannot select an appropriate AMF, it forwards the Registration Request to an AMF that has been configured to perform AMF selection. …”), wherein the control plane function is used to create or select a user plane function corresponding to the control plane function ([0047] – “in FIG. 2, the ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” “It should be noted that the ICN-GW 202 and the UPF PSA (PDU Session Anchor) could be in the same entity. That is, an ICN-UPF entity could be instantiated, where the functionality of the ICN-GW 202 could be part of the UPF (PSA).” See [0047 ). Regarding claim 8, Arrobo discloses the method according to claim 7, wherein the creating or selecting, by the control plane function, a user plane function corresponding to the control plane function comprises: determining, by the control plane function, first network attribute information based on the user subscription information ([0047] – “ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” Further, [0169] – “and a PDU session or “session” may refer to a PDU connectivity service that provides or enables the exchange of PDUs between a UE 901 and a data network (DN) 903 identified by a Data Network Name (DNN).” Thus, [0169] “The SMF 924 may check whether the UE 901 requests are compliant with user subscription information associated with the UE 901. … ” ); and creating or selecting, by the control plane function based on the first network attribute information, the user plane function corresponding to the control plane function (see at least [0047] – “ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” Further, [0169] – “and a PDU session or “session” may refer to a PDU connectivity service that provides or enables the exchange of PDUs between a UE 901 and a data network (DN) 903 identified by a Data Network Name (DNN).” Thus, [0169] “The SMF 924 may check whether the UE 901 requests are compliant with user subscription information associated with the UE 901. … ” ); or determining, by the control plane function, first network attribute information based on the user subscription information ([0047] – “ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” Further, [0169] – “and a PDU session or “session” may refer to a PDU connectivity service that provides or enables the exchange of PDUs between a UE 901 and a data network (DN) 903 identified by a Data Network Name (DNN).”; sending, by the control plane function, a second request message to [[the]]a first entity, wherein the second request message is used to request to create or select the user plane function, and the second request message carries the first network attribute information [0169] – “and a PDU session or “session” may refer to a PDU connectivity service that provides or enables the exchange of PDUs between a UE 901 and a data network (DN) 903 identified by a Data Network Name (DNN).” Thus, [0169] “The SMF 924 may check whether the UE 901 requests are compliant with user subscription information associated with the UE 901. … ”; and receiving, by the control plane function, information about the user plane function from the first entity [0047] – “ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” Further, [0169] – “and a PDU session or “session” may refer to a PDU connectivity service that provides or enables the exchange of PDUs between a UE 901 and a data network (DN) 903 identified by a Data Network Name (DNN).”). Regarding claim 9, Arrobo discloses the method according to claim 6, wherein the creating or selecting, by the control plane function, a user plane function corresponding to the control plane function comprises: determining, by the control plane function, second information of the user network, wherein the second information of the user network comprises an identifier of the user network or a type of the user network ([0047] – “in FIG. 2, the ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” “It should be noted that the ICN-GW 202 and the UPF PSA (PDU Session Anchor) could be in the same entity. That is, an ICN-UPF entity could be instantiated, where the functionality of the ICN-GW 202 could be part of the UPF (PSA).” See [0047 ]); and sending, by the control plane function, a second request message to a first entity, wherein the second request message is used to request to create or select the user plane function, and the second request message carries the second information of the user network ([0056] – “NG-RAN may select an AMF. If the NG-RAN cannot select an appropriate AMF, it forwards the Registration Request to an AMF that has been configured to perform AMF selection. …”), wherein the control plane function is used to create or select a user plane function corresponding to the control plane function ([0047] – “in FIG. 2, the ICN-PoA 204 serves as the first ICN-aware user plane entity for UEs running ICN applications/services.” “It should be noted that the ICN-GW 202 and the UPF PSA (PDU Session Anchor) could be in the same entity. That is, an ICN-UPF entity could be instantiated, where the functionality of the ICN-GW 202 could be part of the UPF (PSA).”). Regarding claim 10, Arrobo discloses the method according to claim 6, wherein the control plane function corresponds to a plurality of user plane functions, each user plane function is associated with at least one of a data network or a slice, and the method further comprises: receiving, by the control plane function, a session establishment request from the terminal device, wherein the session establishment request comprises information about a target data network or a target slice ([0094] – “If the initial AMF needs UE's subscription information to decide whether to reroute the Registration Request and UE's slice selection subscription information” [0095] – “The initial AMF requests UE's Slice Selection Subscription data from UDM by sending Nudm_SDM_Get service operation”); and determining, by the control plane function from the plurality of user plane functions, a target user plane function corresponding to the target data network or the target slice ([0096] – “Step 3c: UDM to initial AMF: The AMF gets the Slice Selection Subscription data including Subscribed S-NSSAIs through Nudm_SDM_Get response.”), wherein the target user plane function is used to provide the terminal device with a network service corresponding to the target data network or the target slice ([0097] – “Step 4a: [Conditional] Initial AMF to NSSF: If there is a need for slice selection, the initial AMF sends the Nnssf_NSSelection_Get service operation from the NSSF by including Requested NSSAI, optionally Mapping Of Requested NSSAI, … “). Claim 16 contains subject matter similar to claim 6, and thus, is rejected under similar rationale. (Arrobo, Figure 2, ICN 204). Claim 17 contains subject matter similar to claim 7, and thus, is rejected under similar rationale. Claim 18 contains subject matter similar to claim 8, and thus, is rejected under similar rationale. Claim 19 contains subject matter similar to claim 9, and thus, is rejected under similar rationale. Claim 20 contains subject matter similar to claim 10, and thus, is rejected under similar rationale. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIO R PEREZ whose telephone number is (571)272-7846. The examiner can normally be reached 10Am - 6PM EST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kathy Wang-Hurst can be reached at 5712705371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JULIO R PEREZ/Primary Examiner, Art Unit 2644
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Prosecution Timeline

Jun 27, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
92%
With Interview (+9.1%)
2y 10m (~10m remaining)
Median Time to Grant
Low
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